Detailed Answer

Short answer: Yes — in Mississippi, medical providers, chiropractors, and health insurers can often recover payment out of a personal-injury settlement. Which providers get paid and how much depends on who treated you, who paid your bills (you, an insurance plan, Medicare/Medicaid), whether a provider has an enforceable lien or subrogation/assignment, and any written agreements you or your attorney signed. You may be able to negotiate reductions or arrange an escrow for disputes, but you should not finalize a settlement until outstanding liens are identified and resolved.

How recovery typically works in Mississippi personal-injury cases

When you accept a settlement or jury award, money flows in a typical order: the settlement is paid to the responsible party or their insurer, your attorney takes fees and costs (if you used an attorney), and then known claimants — medical providers, insurers, and government payors — press for repayment. If a provider has a valid lien, assignment, or subrogation right, they can ask the settlement holder or a court to pay them out of the settlement proceeds before you receive the remainder.

Common paths that lead to medical or chiropractor deductions

• Assignment of benefits or direct claim by provider: You may have signed forms (for example, at a clinic) assigning the provider the right to be paid from any recovery. That assignment lets the provider collect from your settlement.
• Provider’s lien or equitable lien: Some providers seek payment by filing a notice or asking the court to recognize an equitable lien on settlement proceeds. The availability and enforceability of such liens depend on facts and Mississippi law.
• Health insurer subrogation/recoupment: If a private insurer paid your medical bills or paid on your behalf, the plan may have subrogation rights or contractual reimbursement rights to recover from your settlement. ERISA-plan liens are common and can be asserted aggressively.
• Medicare conditional payments: If Medicare paid for treatment that relates to your injury, federal law allows Medicare to seek repayment from settlement proceeds for conditional payments. Learn about Medicare recovery and conditional payments at the federal CMS recovery pages: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery
• Medicaid and state recovery: Mississippi Medicaid may seek reimbursement from any settlement under its third-party liability rules. See Mississippi Division of Medicaid for guidance: https://medicaid.ms.gov and the federal Medicaid third-party liability overview: https://www.medicaid.gov/medicaid/eligibility/third-party-liability/index.html
• Workers’ compensation: If workers’ compensation paid for care, it usually has a statutory or contractual right to be reimbursed from a personal-injury recovery.

Medicare and Medicaid — special rules to watch

Federal law lets Medicare and Medicaid require repayment where those programs paid for treatment related to your injury. Medicare’s conditional-payment process and the Medicare Secondary Payer rules can obligate you to repay Medicare out of your settlement. The Centers for Medicare & Medicaid Services (CMS) explains how to request a conditional-payment report and resolve repayment. See: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery

Medicaid also has recovery rules and will seek reimbursement consistent with federal and state Medicaid rules. See federal Medicaid third-party liability info at https://www.medicaid.gov/medicaid/eligibility/third-party-liability/index.html and Mississippi Medicaid at https://medicaid.ms.gov.

Example (hypothetical) to illustrate how deductions happen

Suppose you settle for $100,000. Your attorney’s contingency fee is 33% ($33,000). You have unpaid medical bills and a chiropractor claim totaling $20,000, and Medicare has a conditional payment claim of $10,000. After attorney fees and costs are deducted, the settlement administrator or court may pay the Medicare lien and the provider liens before you receive anything. If the parties dispute the lien amounts, the settlement might be placed in escrow until disputes are resolved. The actual order of payment and who bears reductions depends on agreements, liens, and any court order.

What you should do before you settle

1. Obtain a full accounting of medical bills and identify who paid them.
2. Request written statements of liens and the legal basis (assignment, statutory lien, or subrogation).
3. Check whether Medicare or Medicaid made payments and request conditional-payment reports from CMS. See CMS recovery info: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery
4. Ask your attorney to negotiate reductions with providers and insurers. Many providers accept less than billed amount to avoid the cost of litigation.
5. Consider escrow: if a lien is disputed, place the disputed portion in escrow rather than releasing all funds to the claimant or the provider.
6. Get written lien releases or satisfaction statements when a lien is paid so you are protected from future claims.

How Mississippi-specific law can affect outcomes

Mississippi courts and statutes govern how liens and subrogation rights are enforced inside the state. The way Mississippi treats equitable liens, provider assignments, and insurer subrogation depends on local precedent and statutory rules. Because outcomes can turn on small factual and procedural details, you should confirm specific Mississippi law and practice with an attorney licensed in Mississippi before you accept a settlement.

When a chiropractor or medical provider might not get paid from your settlement

• If the provider has not asserted a lien, assignment, or subrogation right and you have no contract assigning recovery to them.
• If you can successfully negotiate a waiver or reduction with the provider or plan.
• If a court determines the provider’s lien is invalid or unenforceable under Mississippi law or based on facts.

Practical tips to protect your recovery

• Never sign a settlement or release until all potential liens and payors are identified or until you have a plan for contested liens.
• Have your attorney obtain lien statements in writing and verify payoff amounts directly with the payor.
• Use itemized allocations in the settlement agreement (for past medicals, future medicals, pain and suffering) only after discussing consequences with counsel — some allocations affect what payors can claim.
• If Medicare is involved, use the CMS processes to request a conditional-payment report and to obtain a demand amount before you settle.
• Document any agreement where a provider agrees to accept less than billed or to defer collection until after you receive funds.

Helpful resources

• Centers for Medicare & Medicaid Services — coordination of benefits and recovery: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery
• Federal Medicaid third-party liability overview: https://www.medicaid.gov/medicaid/eligibility/third-party-liability/index.html
• Mississippi Division of Medicaid: https://medicaid.ms.gov

When to consult a Mississippi attorney

If you have an upcoming settlement, discovered an unexpected lien, or face a demand from Medicare/Medicaid or an insurer, consult a Mississippi personal-injury attorney before you sign. An attorney can validate liens, negotiate reductions, arrange escrow, and draft releases that protect your net recovery.

Disclaimer: This article provides general information about Mississippi law and common practice. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for consulting a licensed Mississippi attorney about your specific situation.